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Putting our communities first: A Strategy for tackling Anti-social Behaviour

summary of questions

Anti-social Behaviour Strategies

1. Should the formal duty to participate in the preparation of anti-social behaviour strategies be extended to Registered Social Landlords (RSLs), particularly where major stock transfer has taken place? Should there be a formal duty on other community planning partners to be involved? Or is it sufficient that involvement of other community planning partners be referred to in guidance only?

2. What more should be done to promote effective information exchange to prevent anti-social behaviour?

Community Reparation Orders (CROs)

3. Should there be programmes for individuals as well as groups? Does this raise particular issues for victims?

4. Should we impose an upper age limit so that CROs are targeted at young people, i.e. those up to 21 years of age?

5. Which organisations/agencies should be consulted formally about the nature of reparative work to be undertaken?

Protection for Victims and Witnesses of Anti-social Behaviour

6. What more could be done to support victims and witnesses of anti-social behaviour?

7. What are your views on the greater use of professional witnesses?

Acceptable Behaviour Contracts (ABCs)

8. Do you support wider use of ABCs?

9. What are your views on the range of situations where ABCs would be appropriate? For example, do you support use of ABCs in the hearings system? In schools?

10. What are your views on the relationship between ABCs and legal options such as ASBOs and Parenting Orders? For example, should the court be required to consider the failure or refusal to participate in an ABC or a Parental Contract when considering an application for a Parenting Order?

Anti-social Behaviour Orders (ASBOs) for Under-16s

11. How should ASBOs be extended to under-16s?

12. Do you support the introduction of individual support orders linked to ASBOs for
under-16s?

13. Are there any implications of extending ASBOs to under-16s in relation to the power of RSLs to apply for ASBOs?

14. Do you agree that the Youth Court model, where this operates, should be amended to include young people under-16 years of age who are referred to the criminal justice system by the Procurator Fiscal for breach of an ASBO?

15. How should the applicant ensure that they take the full circumstances of the family into account?

Greater use of Reparation in the Children's Hearings System

16. What are your views on our proposals to consider increasing the emphasis on reparation both as action that may be taken by the Reporter and as a condition of a supervision requirement made by the Children's Hearing?

Electronic Monitoring of Under-16s

17. What are your views on the making electronic monitoring a disposal for the Children's Hearings system?

18. Do you think that the option of electronic monitoring should be available alongside disposals other than secure accommodation?

Extending Restriction of Liberty Orders (RLOs) to Under-16s

19. Do RLOs for the under-16s in court require any additional support arrangements?

20. The period of restriction for an adult to a place is 12 hours per day and/or from a place for 24 hours a day for a period up to 12 months. What should be the period of restriction for an RLO for those under-16s?

Parenting Orders

21. Do you agree that local authorities and the Reporter should be given the power to apply to the court for a Parenting Order? Should the Reporter be able to make an application at his own initiative or at the direction of the hearing?

22. Should courts be able to impose a Parenting Order at their own initiative when dealing with other proceedings in relation to a child and their family?

23. Are the grounds we describe sound? Should the welfare of the child be grounds for a Parenting Order as well as behaviour?

24. Should the failure to ensure attendance at school be grounds for a Parenting Order? How should this work alongside existing powers to make attendance orders?

25. How long should a Parenting Order normally last for? Should it be capable of renewal?

26. How should applicants for Parenting Orders ensure that all relevant information about a parent is first taken into account?

Local Authority Accountability

27. Do you agree it would be desirable to require local authorities to comply with supervision requirements?

28. Do you agree that at the hearing's direction a Reporter request a Sheriff to make an order to enforce implementation of the supervision requirement?

29. Should the hearings and Reporter have a role in alerting Scottish Ministers to failure by a council to ensure a child before them receives appropriate education?

Litter, Fly-tipping and Abandoned Vehicles

30. Should the power to award Fixed Penalty Fines be given to community wardens, and/or to the police?

31. Do local authority and other bodies have sufficient powers to clear litter?

32. What level of charges would cover local authorities' present costs for removing, storing and disposing of abandoned vehicles?

33. Is the scope of the present regulations governing the removal of vehicles causing an obstruction sufficient?

34. Would simplified means of penalising fly-tipping, similar to those existing for litter, be appropriate, and if so, what form should these take?

35. Should local authorities have the power to examine waste transfer documents?

36. Should the fine for fly-tipping which may be imposed on summary proceedings be doubled to £40,000?

Graffiti

37. Do you agree with our proposal to ban the sale of spray paint to under-16s?

38. Do local authorities require further powers to deal with graffiti?

Noise Nuisance

39. Should we require or enable local authorities to implement a night-time noise nuisance service and implement additional powers to enable local authority Environmental Health Officers and/or community wardens to issue Fixed Penalty Notices of £100 to curb domestic noise nuisance? If so, what is the best approach?

40. Should we extend the service from a night-time (11.00 pm to 07.00 am) service to a 24-hour service?

41. Should the standard of proof for a statutory noise nuisance be changed to allow a more flexible approach in this area? If so, what might such an approach involve?

Anti-social Behaviour and Housing

42. Should RSLs be given a statutory duty to participate in the production and implementation of anti-social behaviour strategies?

43. Should the Anti-social Behaviour Bill give local authorities powers to:

Regulate landlords in an area so that they control anti-social behaviour?

Apply to the court for sanctions against the private landlords with individual properties where there is anti-social behaviour?

Use a combination of these approaches?

44. Do you think measures to reward good tenants are appropriate? If so, what more needs to be done to encourage greater use of such measures?

45. Do you agree that existing provisions in legislation on housing and homelessness linked to ASBOs should apply to ASBOs involving under-16s?

Fixed Penalty Notices for Anti-social Behaviour

46. Do you support extending the use of Fixed Penalty Notices levied by the police to a range of low-level, anti-social and nuisance offending?

47. Should such penalties be imposed on under-16s?

Dispersal of Groups

48. How can we strengthen the powers of the police to tackle disorderly behaviour amongst groups?

49. Do you agree that it would be useful to extend police powers in respect of groups of young people in the way proposed?

Making Anti-social Behaviour Orders More Effective

50. Do you agree that the power to apply for ASBOs should be limited to local authorities and registered social landlords (in consultation with the police)?

51. Do you agree there should be a statutory power of arrest for breach of an ASBO?

52. Do you agree that the court should have the power to impose an ASBO on conviction for a criminal offence, where there is evidence of persistent anti-social behaviour?

53. Do you think the court should have the power to grant an ASBO in related civil proceedings, such as an eviction hearing, where there is evidence of anti-social conduct?

54. Do you agree that the prohibitions in an ASBO should be able to extend beyond a local authority area, where this is necessary to protect persons from further anti-social acts by the individual concerned?

Licensed Premises - Police Powers

55. Do you agree that the police should have the same right of entry to off-licences and registered clubs serving alcohol as they have to licensed premises?

56. Do you agree that there should continue to be no right to object for a licence-holder against an order issued by the licensing board under Section 85 of the Licensing (Scotland) Act 1976?

57. Do you agree that the procedure for a closure order under Section 85 should apply to all licensed premises and to registered clubs?

58. Do you agree that we should clarify the powers of the police to close licensed premises where there is, or is likely to be, disorder in them or in their vicinity?

Closure Notices

59. Do you agree that there should be a new power for the police, under the direction of a court and following consultation with the local authority, to close down premises which are the centre of illegal activity, disorder or other anti-social behaviour?

60. Should the power be limited to non-residential premises and houses in which no one is formally residing or should it apply to all such premises, including occupied residential accommodation?

61. Should there be any limits on the power and how otherwise should it work?

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